1 CGHC010258642026 2026:CGHC:40474 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6342 of 2026 1 - Manoj Kumar Kushwaha S/o Late Vinod Kushwaha Aged About 19 Years R/o Village - Dugru P.S. Sanawal, District- Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- P.S. Ramchandrapur District- Balrampur Ramanujganj (C.G.) ... Respondent For Applicant : Mr. Apoorva Tripathi, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 16.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 57/2025, registered at Police Station Ramchandrapur, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 3(2)(V) of SC/ST (P.A.) Act 1989, 4(1) of POCSO Act, 137(2) of BNS 2023, 87 of BNS and 64(1) of BNS. 2. Case of the prosecution, in brief, is that the applicant sexually assaulted the victim, aged about 17 years. The FIR was lodged against Digitally signed by JYOTI JHA Date: 2026.09.17 17:14:00 +0530 2 the applicant by the father of the victim, pursuant to which the offences, as stated above, were registered against him. 3. In pursuance of the notice issued to the victim, vide order dated 11.08.2026, the victim along with her father appeared before this Court through virtual mode and raised no objection to releasing the applicant on bail. 4. Learned counsel appearing for the applicant would submit that victim and her mother have already been examined before the learned trial Court and they have not supported the case of the prosecution. He would further submit that on the date of alleged incident, the age of the victim was more than 18 years. It is also argued that victim has denied the suggestions put forth by the Public Prosecutor. The applicant is in jail since 15.01.2026. He, therefore, prays for grant of bail to the applicant. 5. On the other hand, learned State counsel would oppose the bail application and submit that the victim was 17 years of age on the date of the incident and serious allegations have been levelled against the present applicant and, therefore, application moved by the applicant for grant of bail may be rejected. 6. I have heard the learned counsel for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, and particularly considering the fact that the victim and her mother have already been examined and they have not supported the case of the prosecution, and further, the victim denied the suggestions put forth by 3 the Public Prosecutor, as also the fact that the applicant is in custody since 15.01.2026, and that the conclusion of the trial is likely to take some time, I am inclined to grant bail to the present applicant. Accordingly, the bail application is allowed. 8. Let applicant- Manoj Kumar Kushwaha involved in Crime No. 57/2025, registered at Police Station Ramchandrapur, District Balrampur Ramanujganj (C.G.) for the offence punishable under Sections 3(2)(V) of SC/ST (P.A.) Act 1989, 4(1) of POCSO Act, 137(2) of BNS 2023, 87 of BNS and 64(1) of BNS, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 4 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/-Sd/- (Rakesh Mohan Pandey) Judge Jyoti